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(영문) 서울북부지방법원 2017.03.31 2016고단5147
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a person subject to call-up of social service personnel, failed to enlist on September 21, 2016 by October 4, 2016, when three days have passed from the date of enlistment, on which he received a written notice of enlistment under the name of the head of the Seoul Regional Military Affairs Administration and the head of the Seoul Regional Military Affairs Administration, and on September 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes of the notice of convening a meeting of social service personnel;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

2. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have neglected the duty of military service to be naturally performed by the defendant as a citizen, and such a case is not minor. However, the defendant is recognized, against whom the defendant is committing the crime of this case, and the primary offender is the first offender, and all other sentencing factors specified in the records and arguments of this case shall be determined as ordered.

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